This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Jan. 12, 2026

Black attorney didn't prove bias but might prove retaliation, circuit says

The 9th Circuit rejected a federal attorney's race discrimination claim but revived his retaliation claim, ruling a district judge in San Diego wrongly discounted evidence linking his nonselection to prior EEOC activity.

The 9th Circuit on Friday revived a retaliation claim brought by a former federal attorney who alleged he was passed over for a promotion because of his prior Equal Employment Opportunity complaints, while affirming dismissal of his race discrimination claim.

In an unpublished memorandum disposition, a three-judge panel held that Brandon Sinclair Bruce, a former attorney at the U.S. Department of Health and Human Services, failed to present sufficient evidence that race played a r...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up